The Federal Motor Carrier Safety Regulations 49 CFR, Part 395 Hours-of-Service rules change beginning October 1, 2005.

These new rules provide an increased opportunity for drivers to obtain necessary rest and restorative sleep, while recognizing the business needs of drivers and motor carriers. These regulations only apply to property carriers and commercial motor vehicle drivers. Passenger carriers and their drivers will continue operating under the pre-2003 rules while fatigue issues specific to the passenger carrier industry are assessed.

 

Hours-of-Service Rules
2003 Rule Property-carrying CMV drivers Compliance through 9/30/05	2005 Rule Property-carrying CMV drivers Compliance on and after 10/01/05
May drive a maximum of 11 hours after 10 consecutive hours off duty.	No Change
May not drive beyond the 14th hour after coming on duty, following 10 consecutive hours off duty.	No Change
May not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty.	No Change
Commercial Motor Vehicle (CMV) drivers using a sleeper berth must take 10 hours off duty, but may split sleeper-berth time into two periods provided neither is less than 2 hours.	CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of two.
Passenger-carrying/drivers are not subject to the new hours-of-service rules. These operations must continue to comply with the hours-of-service limitations specified in 49 CFR 395.5

Drivers may drive up to 11 hours in the 14-hour on-duty window after they come on duty following 10 or more consecutive hours off duty. The 14-hour on-duty window may not be extended with off-duty time for meal and fuel stops, etc.

The prohibition on driving after being on duty 60 hours in 7 consecutive days, or 70 hours in 8 consecutive days, remains the same, but drivers can “restart” the 7/8 day period anytime a driver has 34 consecutive hours off duty.

CMV drivers using the sleeper berth provision must take at least 8 consecutive hours in the sleeper berth, plus 2 consecutive hours either in the sleeper berth, off duty, or any combination of the two.

Short-Haul Provision

Drivers of property-carrying CMV’s which do not require a Commercial Driver’s License for operation and who operate within a 150 air-mile radius of their normal work reporting location: May drive a maximum of 11 hours after coming on duty following 10 or more consecutive hours off duty. Are not required to keep records-of-duty status (RODS) May not drive after the 14th hour after coming on duty 5 days a week or after the 16th hour after coming on duty 2 days a week. Employers must: Maintain accurate time records for a period of 6 months showing the time   The duty period began, ended and total hours on duty each day in place of   RODS.

Drivers who use the above-described Short-haul provision are not eligible to use 100 Air-mile provision 395.1 (e) or the current 16-hour exception in 395.1 (o).

In developing these hours-of-service regulations, the FMCSA researched both United States and international health and fatigue studies and consulted with Federal safety and health experts. Roads are better designed, constructed and maintained in a nationwide network to provide greater mobility, design, construction, safety for all highway users. Vehicles have been dramatically improved in terms of design, construction, safety, comfort, efficiency, emissions, technology and ergonomics. These factors, combined with years of driver fatigue and sleep disorder research, led to a revision of the hours-of-service regulations for drivers.

Frequently Asked Questions

When are carriers and drivers required to comply with the latest revisions of the HOS rule?

October 1, 2005, is the effective date of the rule. Carriers and drivers will not be allowed to operate under the HOS rule prior to its effective date.

How does the 2005 HOS rule differ from the current (April 2003) HOS rule?

Changes were made in three areas.

1. Sleeper Bath: To use any of the HOS provisions regarding sleeper berths, a driver must now have one of the following: Continue Sleeper Berth Provision: At least 10 consecutive and uninterrupted
   Hours in the sleeper berth.

Sleeper Berth Provision: The equivalent of at least 10 consecutive hours off-duty
(Equivalent means at least 89 hours but less than 10 consecutive hours in a sleeper
Berth and a separate period of at least 2 hours but less than 10 consecutive hours
Either in the sleeper berth or off duty, or any combination of both.
Continuous Off-Duty and Sleeper Berth Provision: At least 10 consecutive hours
of sleeper berth and off-duty time combined and uninterrupted.

• Operators of property-carrying commercial motor vehicles not requiring a

A commercial driver’s license: Drivers of noncommercial driver’s license
Vehicles that are operating within 150 air-mile radius of their normal work
Reporting location at the end of their duty tour is now covered by a separate HOS provision. Drivers meeting these conditions are not eligible for the existing 100 air-mile radius provision. These drivers are required to comply with the following:

• The 11 hours driving, minimum 10 hours off-duty, 14 consecutive hour period, 60/70 hours in 7/89 days, 34-hour restart all apply.
• On any 2 days of every 7 consecutive days, the driver may extend the 14-hour or 16-hour duty periods.
• There is no requirement that the driver be released from duty at the end of the 14-or 16hour duty periods. The driver may continue to perform nondriving duties, which would be counted against the 60/70 hour weekly limitation.
• Time records may be used in lieu of records of duty status (RODS).
• The current 16-hour exception in 395.1 (o), since those conflict with this new “Non-CDL, 150 Air-Mile Radius” provision.
• 34-Hour Restart: Previously, a driver was required to be in compliance with the “60/70” on-duty hours in 7/8 days” limitation before the driver could start counting a 34-hour off-duty period. 

Are previous interpretations and guidance regarding HOS still valid?

The FMCSA will be updating and revising its regulatory guidance to Part 395 of the Federal Motor Carrier Safety Regulations (FMCSR’s) to provide additional guidance concerning the application of HOS regulations. All prior interpretations and regulatory guidance relating to part 395 of the FMCSR’s as well as FMCSA and Federal Highway Administration memoranda and letters concerning Part 395 are inconsistent with the current rule. All interpretations and guidance for Parts other than Part 395 remain valid.

Do these HOS regulations apply to intrastate commerce?

No. Intrastate commercial motor vehicle regulations are under the jurisdiction of each
state. The HOS regulations apply directly only to interstate commerce. However,
Most states have adopted intrastate regulations which are identical or very similar to
the Federal hours-of-service regulations. A driver involved exclusively in intrastate
Operations should contact the state agency handling commercial vehicle enforcement
in the driver’s home state. Usually this is the state police or highway patrol, although
In some states, the function is handled by the department of motor vehicles,
Department of public safety, or public service commission.

What are the penalties for violating the HOS rules?

Drivers or carriers who violate the HOS rules face serious penalties:

• Drivers may be placed out-of-service (shut down) at roadside until the driver has accumulated enough off-duty time to be back in compliance.
• State and local enforcement officials may assess fines;
• FMCSA may levy civil penalties of driver or carrier, ranging from $1,000 to $11,000 per violation depending on severity;
• The carrier’s safety rating can be downgraded for a pattern of violations;
• Federal criminal penalties can be brought against carriers who 

Knowingly and willfully violate the HOS regulations.

For more information: The content of this article has been taken in large part from
Information published by the Federal Highway Administration and Federal Motor
Carrier Safety Administration. For more information of a range of issues affecting
Motor carrier safety and security, including information on the Hours of Service rules,
Go to the FMCSA Web site: www.fmsca.dot.gov